Wake County Court Process
Complete guide to arraignment, court dates, plea options, and what to expect during your case in Wake County.
Court Information
Wake County Justice Center
Court Process Timeline
Arraignment
First court appearance, typically within 24-48 hours after arrest.
What Happens:
- Judge reads charges against you
- You enter initial plea (usually Not Guilty)
- Bail is set or reviewed
- Next court date is scheduled
- Public defender appointed if needed
Pre-Trial Hearings
Multiple court dates over 2-6 months where your attorney negotiates with prosecutors.
Attorney Activities:
- Review police reports and evidence
- File motions to suppress evidence
- Challenge breathalyzer/blood test results
- Negotiate plea bargains
- Discuss diversion program eligibility
Plea Bargain or Trial
Most cases (over 90%) resolve through plea bargaining, not trial.
Plea Bargain Benefits
- • Reduced charges
- • Lighter sentence
- • Certainty of outcome
- • Lower costs
Trial Risks
- • Maximum sentence if convicted
- • Higher legal fees
- • Uncertainty
- • Time consuming
Sentencing
Judge determines penalties based on the plea agreement or trial verdict. Sentences may include fines, probation, jail time, license suspension, IID, SCRAM monitoring, and/or DUI classes.
Don't Face This Alone
A attorney can make the difference between a conviction and a dismissal, between jail time and probation. They know local judges, prosecutors, and can challenge evidence that you might not even know is challengeable.
Find Wake County AttorneysThe Wake County Justice Center at 300 South Salisbury Street in Raleigh is where your DWI case will be handled. Understanding the procedures at this location is crucial for a smooth process. Parking is available at the Wake County Parking Deck at 216 W. Cabarrus St.
Do NOT Do These Things at the Wake County Justice Center
Entering the courtroom requires adhering to specific rules. Violating these can negatively impact your case.
- No Phones in the Courtroom: All electronic devices, including cell phones, must be silenced or turned off completely. Texting or using your phone in any way is strictly prohibited.
- No Food or Drinks: Eating or drinking inside the courtroom is not allowed.
- Dress Code Violations: Dress professionally. Avoid wearing shorts, tank tops, hats, or clothing with offensive graphics. Business casual attire is recommended.
- Speaking Out of Turn: Only speak when addressed by the judge. Do not interrupt or engage in side conversations.
- Being Late: Punctuality is essential. Arrive early to allow time for parking, security screening, and finding your courtroom. Missing your court call can result in an Order for Arrest.
Security Screening at the Wake County Justice Center
| Prohibited Items | Allowed/What to Expect
Court Day Checklist
- Valid Photo ID
- Court paperwork/summons
- Proof of bond (if applicable)
- Pen and paper for taking notes
- Any documents or evidence relevant to your case
- Cash or credit card for potential fees
How DWI Cases Move Through Court in Wake County
A DWI case in Wake County follows a specific path through the court system. Here's a general timeline:
- Arraignment: This is your first court appearance. You'll be formally advised of the charges against you and your rights. You'll enter a plea of guilty or not guilty. This typically occurs within a few weeks of your arrest, often in Courtroom 101 or 304.
- Pre-Trial Hearings: These hearings are used to discuss the case, review evidence, and address any legal issues. The DWI Administrative Court (Courtroom 204) is a key hub for managing discovery and scheduling trial dates. Expect to attend multiple pre-trial hearings.
- Plea or Trial Decision: This is a critical juncture. You can either:
- Plead Guilty: You admit guilt and proceed to sentencing.
- Go to Trial: If you plead not guilty, your case will be set for trial. Contested DWI cases are often "specially set" in Courtrooms 403 or 404 due to their complexity.
- Sentencing: If you plead guilty or are found guilty at trial, the judge will determine your sentence based on North Carolina's DWI sentencing levels (A1, 1, 2, 3, 4, 5), which are determined by aggravating and mitigating factors.
Parking & Logistics
The Wake County Parking Deck, located at 216 W. Cabarrus St, is the primary parking facility for court visitors. Alternative options include the Wake Court Lot (215 S. McDowell St) and the Salisbury Street Deck (400 S. Salisbury St). It's advisable to arrive at least an hour before your scheduled court time to account for parking and security delays, especially during the morning rush (8:30 AM – 9:30 AM).
Remember to check the Odyssey portal (portal-nc.tylertech.cloud) for the most up-to-date information on your court date and courtroom assignment.
Sources
North Carolina Penal Code
Wake County District Court
North Carolina Court System
Nearby North Carolina Counties
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